Research On Legal Nature Of Mining Right Transfer Contract In China

The transfer of mining rights is an important measure to gradually realize the national policy objectives of mineral resources under the conditions of market economy and the establishment of mining rights trading market.It is widely used in the transaction of mining right market as well as the transaction volume is increasing in recent years.With the maturity of the market mechanism and the volatility of the mining market intensifying,the contract concerned mining rights has become a hot issue in the study of mining rights in the theoretical and practical fields.There is a lot of controversy about the nature of the of mining rights transfer contract,the validity of its qualitative,the legal consequences and so on in the mining theory and practice circles.Whether the legal nature of the contract is a civil contract or an administrative contract,or both the civil contract and the administrative contract,the choice of the dispute settlement mechanism related to the assignment of the mining right,the administrative treatment of the contract default and the judicial trial,which also has a far-reaching influence on mineral resources legislation and China's administrative system reform,as well as the construction of the rule of law the government.Therefore,to study on the legal nature of the mining rights transfer contract is of significance.This paper mainly applied literature analysis,case analysis,comparative analysis and qualitative analysis etc.And the core point of view is through analysising theoretical and practical disputes of the mining rights transfer congtract,and the constituent elements of the mining right transfer contract to illustrate the nature of mining rights transfer contract as a civil contract and improve its legal protection as a civil contract.With the civil contract thinking of mining rights disputes cases,protect the transfer of mining rights,and limit the government power.The article is divided into five parts to demonstrate the nature of the mining rights transfer contract.The first part is the introduction,summarizes the research background and research significance of this paper,and summarizes the research results related to the mining right transfer contract.The second part is the constituent elements of the mining right transfer contract and disputes on its legal nature by introducing the concept and characteristics of mining right transfer contract and drawing some controversial views on the legal nature of mining right transfer contract.The third part is about the development of legislation and judicial practice on mining right transfer contract.The fourth part is based on the above theoretical and practical analysis,from the legal relationship of the contract,the nature of the transaction,the elements of the composition,the pros and cons of the analysis of the legal nature of the contract in the legislative and judicial practice of the necessity and some aspects of its legal nature should be a civil contract rather than an administrative contract,and further analysis of its particularity as a civil contract.The fifth part is conclusively proposed to determine the mining right transfer contract as a civil contract from legislation and judicial aspects need some specific measures to implement the recommendations.